Madhya Pradesh High Court
Sayed Rashed vs Union Of India on 9 October, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:64697
1 WP-17150-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 9 th OF OCTOBER, 2025
WRIT PETITION No. 17150 of 2025
SAYED RASHED
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Sankalp Kochar - Advocate for the petitioner.
Shri S. K. Malvi - Advocate for respondent no.1 and 2.
Shri Sumit Raghuwanshi - Government Advocate for respondent no.3/
State.
ORDER
The present petition has been filed assailing the order dated 8.1.2025 passed by the respondent no. 3, whereby Leave India notice has been issued for the petitioner.
2. It is a case of the petitioner that that he initially entered India in December 2019 on student visa to pursue short term Master of Art (Journalism) program at Jagran Lake City University, Bhopal. However, due to outbreak of the COVID-19 pandemic and resulting international travel restrictions, petitioner was unable to return to Afghanistan. He secured admission into a full time Master of Arts program. His student visa has since been periodically extended by the Foreign Regional Registration Office, (FRRO), Mumbai in accordance with the applicable procedures. He Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 2 WP-17150-2025 successfully completed his Master of Arts Program in the year 2022. He was subsequently offered employment by Jagran Lake City University in the capacity of a Production Executive subject to a probationary period of 12 months. In pursuance to the same, the petitioner submitted an application for conversion of his student visa into an employment visa, which was, however, rejected. The petitioner's stay in India was regularized through an extension of his visa. The application for extension of stay was submitted by the petitioner on 28/07/2022 and after a period of approximately 9 months, the Ministry of Home Affairs through its communication dated 24.03.2023 granted extension of petitioner's stay visa up to 24.3.2024. Following the takeover of Afghanistan by Taliban, the petitioner faced credible threats to his life and well-being due to his journalistic activities and personal beliefs.
He submitted an application for refugee status to the United Nations High Commission for Refugees (UNHCR). Upon consideration of his application, the UNHCR granted him refugee status and accordingly issued a Refugee Identification Card Number dated 29.2.2024. Thereafter, the petitioner on 23/3/2024 i.e. before expiry of the existing visa applied for fresh visa application under the category of employment visa bearing application number 2303241053K1. The visa of the petitioner got expired on 24/3/2024 but as the petitioner was declared UNHCR refugee card holder was under no- condition to go back to his home country. He has initiated the formality for fresh visa issuance. On 26.3.2024 the petitioner received confirmation in regard to successful submission of visa application and was directed to await the instructions. On 15/4/2024, the passport of the petitioner was expiring.
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 3 WP-17150-2025 He got the passport renewed up to 20th June 2027. He received a prompt on the website of the Foreigners Regional Registration Office (FRRO), asking the petitioner to apply for an Exit Permit. On account of the inaction by the FRRO on the pending application of the petitioner, he approached the Immigration Visa Foreigners Registration & Tracking Portal (IVFRT) vide email dated 23.4.2024 and sought intervention. However, on 24/05/2024 without assigning any reason, the pending application was closed. He again submitted a fresh application for grant of an Employment visa on 25/5/2024 which was duly registered. Thereafter, the petitioner received a communication on WhatsApp from the police authorities asking him to submit certain documents to undertake police verification in respect of pending application. The FRRO officer instructed the petitioner to submit Form-C. On 10/6/2024 he has submitted Form-C by WhatsApp conversation and updated the FRRO officer regarding submission of Form-C. However, on 2/7/2024, he again received a prompt on the website of FRRO to re-apply for Exit permit and upload new application form. The petitioner again preferred a fresh Visa application under the category of Employment Visa which got registered as an application number 030724VF4SE4 and is pending adjudication till today. In the meanwhile, on 12/8/2024, the petitioner successfully got admission in the course of Diploma in Events for the duration of August 2024 to January 2026 in Jagran Lake City University. On 4.10.2024 the United Nations High Commission for Refugees (UNHCR) issued a letter to FRRO, Mumbai requesting them to consider the application of the petitioner and seeking exemption of penalty of overstay and grant of Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 4 WP-17150-2025 long term visa to the petitioner. Vide email dated 13.12.2024, the petitioner requested the respondent to consider the application for visa employment and on the same day, he was informed that the application submitted by the petitioner is under process with FRO, Bhopal for verification. On 31/12.2024 FRRO instructed the petitioner to submit more documents for consideration upon his application, which were duly submitted by the petitioner. Despite of the fact that the application for extension of visa of the petitioner was pending consideration, Leave India Notice dated 8.1.2025 was served on the petitioner which subsequently resulted into registration of an FIR dated 3.3.2025 alleging violation of Section 14 of the Foreigners' Act, 1946. The petitioner vide email dated 18.3.2025 submitted a detailed email to FRRO pointing out his current position and requested permission to continue residing in India until such time as he is able to secure resettlement in a country that upholds and respects the fundamental human rights of the petitioner. In pursuance to the registration of the FIR, the petitioner filed an application under Section 480 of BNSS before the Judicial Magistrate First Class, Bhopal, which was rejected on 1/4/2025. Petition was remanded to judicial custody until 16.4.2025. He was in Central Jail, Bhopal. He preferred a bail application under Section 483 BNSS before the learned Sessions Court, Bhopal, which was dismissed on 4/4/2025. He again preferred bail application under 483 of BNSS before the High Court which was registered as MCrC No. 16692/2025 and vide order dated 30.4.2025 the petitioner was enlarged on interim bail. The earlier application submitted by the petitioner seeking long term visa based upon his refugee status was Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 5 WP-17150-2025 denied to him. Petitioner is actively seeking resettlement options in Australia. He is having a sponsor in Australia who has duly filed Form 681 with the Department of Home Affairs, Australian Government in support of his resettlement application. In the backdrop of the aforesaid facts and circumstances and the refugee status granted to the petitioner, he has preferred this petition challenging the Leave India notice issue to him. There is no criminal past that could be pointed out by the respondents for the petitioner.
3. On notice being issued, reply has been filed by the authorities. It is contended that the impugned notice has been issued pursuant to the consistent and willful violation of the Foreigners Act, 1946 as well as the provisions laid down in the Visa Manual. The petitioner has not only violated the conditions of S-1 student Visa but also engaged in unauthorized employment. He has also failed to comply with the advisory notices and repeatedly sought inappropriate visa conversions without meeting the requisite eligibility. The Leave India Notice dated 8.1.2025 was lawfully issued after a clear advisory communication to the petitioner regarding his illegal employment and misuse of visa regime. The petitioner despite the expiry of S-1 visa and absence of any valid employment visa, continued to work with Jagran Lake City University unauthorizedly which is clearly prohibited under the existing visa policy. The success of visa applications post dated 30.6.2022, were non-compliant with visa norms and lacked supporting documents. His visa was extended to enable him to pursue a Postgraduate Course at Jagran Lake City University and was extended up to Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 6 WP-17150-2025 30.6.2022 considering in the line with academic requirements. It was clearly endorsed / mentioned that it is not valid for employment / business. Thereafter, the petitioner submitted a new visa application which was not an extension of a Student Visa but rather for issuance of an employment visa to him which was not supported by any mandatory documents. Upon police verification, it was found that the petitioner has been employed as Production Executive at Jagran Lake City University drawing a monthly salary of Rs.28,000/-. This employment of the petitioner was unauthorized and in direct contravention of the conditions of his S-1 visa. The said visa is non- convertible and any post-course employment requires lawful exit and re- entry on an appropriate visa. In terms of the visa guidelines, the minimum salary threshold of Rs.16.25 Lakhs per annum for issuance of an employment visa is required. The said criteria is not met by the petitioner. The petitioner was granted stay visa valid up to 24.03.2024 solely in consideration of general disturbance conditions prevailing in Afghanistan in the year 2022 following the Taliban takeover. It is contended that as per the prevailing assessment and consistent administrative reports, the situation in several provinces of Afghanistan has relatively stabilized, leading to the return of numerous Afghan nationals to their homeland. In view of the normalization of the conditions, the blanket extension of stay visas are no longer being granted. The petitioner has failed to demonstrate any imminent or well founded fear for persecution upon return as per the requirements under the limited exceptions considered for stay visa renewal. The ground taken by the petitioner regarding the fact that he holds a UNHCR refugee card, It is Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 7 WP-17150-2025 contended that such status is not recognized under the Indian law as India is not a signatory to the 1951 Refugee Convention or 1967 Protocol. Repeated visa extension requests citing refugee status were denied for being legally unsustainable and constituted an abuse of process. He has relied upon the judgments passed by the Hon'ble Supreme Court in the case of Hans Mueller of Nurenburg V. Superintendent, Presidency Jail, Calcutta, Gilles Preiffer Vs. UOl, AIR 1996 WLR 386 and Joshua Sadagursky vs Union of India.
4. It is contended that the request for the petitioner for grant of Long Term Visa (LTV) or interim relief is without any basis. The Leave India notice, subsequent to an FIR dated 3.3.2025, was in accordance with law. The petitioner is not entitled for any LTV under the current policy coupled with the fact that the police reports affirmed continued unauthorized employment. The Indian Government has also issued formal clarification to the UNHCR on 31/12/2024 that the petitioner's case cannot be accommodated under Indian's visa policy due to its continuous non- compliance. Under these circumstances, the impugned Leave India notice is just and proper.
5. Another reply is find by the responder number 3. They have denied the averments made in the petition and has placed on the record documents i.e. final report under Section 173 of BNSS which was filed before the competent Court on 16.5.2025. It further contended that the visa of the petitioner was extended from 1.7.2022 to 24.03.224 looking to the prevailing conditions. But after the expiry of the said visa, the petitioner was required to return back to his home country. Overstaying after expiry of the Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 8 WP-17150-2025 visa is in contravention and attracts the provision of Section 14 (a) of the Foreigners Act, 1946 which provides for penalty for contravention of provisions of the Act, for which, an FIR has already been registered against the petitioner. The petitioner has also failed to make payment of the exit permit invoice issued by FRRO Mumbai. The application submitted by the petitioner for long term visa on 7.10.2024 was rejected. He further applied for visa extension for foreigners on 14/8/2024 which was also rejected. He applied for stay visa extension on 2/8/2024 which was also rejected by the authorities. The Leave India notice was served upon the petitioner on 8/1/2025 while exercising powers under Section 3 (2) (c) of the Foreigner Act, 1946 and further directed to the petitioner not to remain in India and further depart from India on or before 15.1.2025. As the petitioner has not complied with the said Leave India notice, therefore, the provisions of Section 14 of the Foreigners Act, 1946 were invoked. Entire action has been taken again the petitioner in pursuance to the delegation of powers issued by Circular dated 20.12.2002 by the Government of India, Ministry of Home Affairs, New Delhi in respect to work related to foreigners and in view of such circulars, the powers have been delegated to Superintendent of Police and FRRO. The entire action is being taken against the petitioner in pursuance to the same. In view of the aforesaid, no relief can be extended to the petitioner. He has prayed for dismissal of the writ petition.
6. A rejoinder is filed by the petitioner to the reply reiterating the writ petition. It is pointed out that the UNHCR recommended for grant of long term visa to the petitioner and in pursuance to the same, refugee card Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 9 WP-17150-2025 was issued to him on 29.2.2024. However, the said recommendation was duly replied by the authorities.
7. Heard learned counsel for the parties and perused the record.
8. Admitted position in the present petition being entry of the petitioner into India in December, 2019 on student visa to purse a short-term Master of Arts (Journalism) programme at Jagran Lake city University, Bhopal. He was unable to return back to Afghanistan due to the outbreak of Covid-19 Pandemic, the student visa was periodically extended by FRRO, Mumbai. After successfully completion of his Master of Arts programme in 2022, he started working as Production Executive in Jagran Lake City University, Bhopal. His application for conversion of his student visa into an employment visa was rejected by the authorities. His stay was extended by the Ministry of Home Affairs which was lastly extended up to 24.3.2024. On submission of the application by the petitioner for refugee status to the United Nations High Commissioner for Refuges ( UNHCR), he was issued a refugee identification card on 29.2.2024 by the UNHCR granting refugee status to the petitioner. It is a case of the petitioner that prior to expiry of the existing visa, he applied for a fresh visa application before the Bureau of Immigration India. His passport was due to expire on 15.4.2024, he applied for renewal of his passport which was renewed till 20th June, 2027. He received a message on the website of the FRRO asking the petitioner to apply for an Exit permit and his application was closed without assigning any reasons.
9. It is a specific case of the petitioner that since process for Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 10 WP-17150-2025 reapplying of exit permit and new application form, were pending consideration, the petitioner again applied for fresh visa under the employment category, which is still pending consideration. A letter dated 4.10.2024 issued by UNHCR addressing FRRO, Mumbai to consider the application submitted by the petitioner seeking exemption of penalty for overstaying and grant of long term visa to the petitioner. But, despite of repeated efforts made by the petitioner, application for employment visa is pending consideration and all of a sudden, leave India notice was issued to the petitioner on 8.1.2025 and subsequently, an FIR was registered on 3.3.2025 under the provisions of Section 14 of the Foreigner's Act, 1946. He was also arrested and produced before the JMFC, Bhopal. He remained in judicial custody up to 16.4.2025. He was granted bail and after completion of the investigation, final report under Section 193 of the BNSS has been filed before the competent court on 16.5.2025. The FIR was registered against the petitioner in terms of provisions of Section 14 (a) of the Foreigner's Act, 1946, which provides as under :-
"14. Penalty for contravention of provisions of the Act, etc.- Whoever-
(a) remains in any area in India for a period exceeding the period for which the visa was issued to him."
(b) does any act in violation of the conditions of the valid visa issued to him for his entry and stay in India or any part thereunder;
(c) contravenes the provisions of this Act or of any order made thereunder or any direction given in pursuance of this Act or such order for which no specific punishment is provided under this Act, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 11 WP-17150-2025 fine; and if he has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the convicting Court why such penalty should not be paid by him."
10. From perusal of the aforesaid provisions, it is clear that the authority was well within his jurisdiction to lodge an FIR against the petitioner on account of overstaying in India after the expiry of period of his visa. It is also seen that the petitioner entered into the country on a student visa. Owing to Covid-19 Pandemic, as the course i.e. Master of Art (Journalism) program could not be completed in time, therefore, he was granted extension. It is an admitted position that the course of the petitioner was completed way back in the year 2022 itself. However, the visa was also extended up to 24.3.2024. After completion of his extended visa period, the petitioner should have returned back to his country, he himself has applied for extension of his visa or grant of refugee status which was duly granted to the petitioner by UNHCR. Now, this petition is being filed on leave India notice issued to the petitioner on the ground that looking to the prevailing conditions, as the petitioner is having a threat to his life, he should be granted extension to stay in India. He has also applied for resettlement option in Australia pointing out the fact that he has a sponsor in Australia. He has duly filed form 681 with the Department of Home Affairs, Australian Government in support of his resettlement application. But until and unless, resettlement option is exercised and he is permitted to enter into Australia, his application for long term visa license to be considered, for which, the petitioner has placed reliance on the judgment passed by the Delhi High Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 12 WP-17150-2025 Court in the case of Emechere Maduabuchkwa Vs. State NCT of Delhi & Anr. in W.P. (Crl.) 550 of 2022 and W.P. (Crl.) 827 of 2022 and argued that non-issuance of LTV to the petitioner despite he being a valid UNHCR Card Holder and is registered refugee, is the clear violative of the guidelines issued by the Ministry of Home Affairs in respect of grant of Visa to the refugees.
11. The fact remains that as per the petitioner himself, he has violated the terms and conditions of the visa granted to him. He was on a student visa in the country and subsequently, without converting student visa into employment visa, he started doing job as Production Executive at Jagran Lake City University, which goes to show that the terms and conditions of the visa are grossly violated by the petitioner himself. His case was considered sympathetically by the Government and extension was granted to him for staying in India up to 24.3.2024. It is only thereafter this Leave India Notice has been issued to the petitioner. The petitioner has filed this petition only on the ground of apprehension of having a life threat, if he is asked to go to Afghanistan. But the fact remains that without any valid employment visa, the petitioner cannot stay in India despite being granted a refugee status and his application for extension of visa was also cancelled by the respondents department. As stated by the petitioner himself that his resettlement application for migrating to Australia is pending consideration with the authorities, he may pursue the same. But, as far as the Leave India Notice issued to the petitioner is concerned, looking to the entire facts and circumstances of the case, the same has rightly been issued to the petitioner Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 13 WP-17150-2025 as he has been found violating the terms and conditions of the visa issued to him, for which, an FIR is also registered against him.
12. Under these circumstances, no interference is called for. The petition sans merit and is accordingly dismissed.
(VISHAL MISHRA) JUDGE JP Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41